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Profile of Philip McCabe
 

Philip McCabe

 
Partner - Kenyon & Kenyon
 
Philip McCabe Email :
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Company Name : Kenyon & Kenyon
 
Company Website : www.kenyon.com
 
Company Address : One Broadway
, New York, NY,
United States,
 
Philip McCabe Profile :
Partner - Kenyon & Kenyon
 
Philip McCabe Biography :

Philip J. McCabe has worked primarily in the field of patent litigation and counseling, and has extensive experience in rendering validity and infringement opinions. Cases he has worked on include Datapoint Corp. v. Intel Corp., in which Kenyon & Kenyon obtained a summary judgment of non-infringement for its client Intel; Micro-Acoustics Corp. v. Bose Corp, in which Kenyon & Kenyon obtained a summary judgement of non-infringement; Allied Corp. v. U.S.I.T.C., in which Kenyon & Kenyon obtained a dismissal of complainant's appeal; Uniroyal, Inc. v. Rudkin-Wiley Corp., in which Kenyon & Kenyon obtained a damages judgement of more than $18 million for patent infringement; and Netzero, Inc. v. Juno Online Services, Inc., in which Kenyon & Kenyon defeated a preliminary injunction motion on a patent related to Internet advertising. Mr. McCabe also worked on Texas Instruments, Inc. v. U.S.I.T.C., in which Kenyon & Kenyon obtained a decision that the California respondents' new process did not infringe TI's patent and that products made by this process could be imported into the United States.

Mr. McCabe has also worked on a number of patent infringement actions for major computer hardware and software clients, particularly companies in the Silicon Valley area. He participated in a two month jury trial in which a basic Wang Laboratories patent on a distributed data system was found valid and infringed. He has worked on several proceedings brought under section 337 in the International Trade Commission. Mr. McCabe has also represented several clients in claim construction hearings ("Markman" hearings) on computer-related patents that led directly to favorable results in the cases.

Mr. McCabe has published articles relating to the role of patents in computer software protection in the Legal Times, Computerworld and the Journal of Proprietary Rights. He has also published an article about the exploitation of ITC protection by foreign companies, which he wrote with the Honorable Judge Donald K. Duvall, and which was printed in the Electronic Engineering Times. Mr. McCabe is a co-editor of "Unfair Competition and the ITC," a book which deals with intellectual property actions in the ITC. In addition his article, "Courts Order 'Markman' Hearings Early in Cases" was published in The National Law Journal in October, 1998. Mr. McCabe has given presentations at numerous continuing legal education seminars on intellectual property issues, and was co-chair of a presentation on Calculating and Proving IP Damages in 2003.

Mr. McCabe joined Kenyon & Kenyon as an associate in 1974 and became a partner in January 1982.

BAR AND COURT ADMISSIONS California

District of Columbia

New York

Registered Patent Attorney: U.S. Patent and Trademark Office

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Federal Claims

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York.

 
Philip McCabe Colleagues :
Name Title Email

Allen Baden

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George Badenoch

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John Bateman

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Frank Bernstein

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Patrick Birde

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